Chakradhari Sharan Singh, J.

1. By the impugned order dated 18.1.2017, the learned Sessions Judge-cum-Special Judge, Muzaffarpur has rejected the application filed by the petitioner for release of a vehicle-Scorpio, which was seized while carrying 5 kg of ganja. The said ganja was recovered from beneath the seat of the aforesaid vehicle. Accordingly, Kurhani P.S. Case No. 362 of 2016 came to be registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code, under Sections 25(1-b) (a) 26(1), 35 of the Arms Act and Section 20(b)(ii)(B) of the N.D.P.S. Act.

2. From the impugned order what I find is that the learned Sessions Judge has refused to release the vehicle by the impugned order dated 18.1.2017 at that stage for two reasons. Firstly, the court has found that since investigation was still pending, it would not be proper to release the vehicle. Secondly, the court below has taken note of Section 60(3) of the Narcotic Drugs and Psychotropic Substance Act which lays down that any conveyance used in carrying any narcotic drugs or psychotropic substance or any other article is liable for confiscation under sub-section (1) or sub-section (2) of the